Bill Mandating Lead Testing In School Drinking Water Approved

A bill that would require New York schools to test for lead in drinking water was approved on Tuesday by Gov. Andrew Cuomo.

The bill is signed as school children across the state are returning to classrooms after summer vacation, with the requirements for the first tests to take place by the fall of this year.

The results of the tests will be forwarded to parents, local government officials and the Department of Health.

“These rigorous new protections for New York’s children include the toughest lead contamination testing standards in the nation, and provide clear guidance to schools on when and how they should test their water,” Cuomo said in a statement. “As children begin another school year, I’m proud to sign this legislation, which marks a major step forward in protecting the public health and ensuring the future growth and success of students across the state.”

School districts had quietly raised concerns over the potential cost of enacting the test requirements as well as the reporting. At the same time, school districts have raised similar concerns with their own crumbling infrastructure in older buildings, particularly in rural or urban communities.

But schools that have already completed lead testing after Jan. 1 of 2015 do not need to retest as well as comply with lead testing regulations.

At the same time, schools may be eligible for a waiver for testing buildings if they demonstrate tests were performed and remediation was performed that complies with the regulations.

The bill’s approval comes amid heightened concerns over the safety of drinking water in the state writ large. The Legislature on Wednesday will hold a hearing on the safety of drinking water statewide, the first of two such events.

The bill requires that all school buildings serving students in pre-K to grade five must collect a sample for testing, while students in grades six through 12 will be required to collect samples by Oct. 31.

All reports must be sent to the DOH through a statewide reporting system. If lead levels are above 15 parts per billion, the school must end using that water outlet and being a lead remediation plan, while also providing an alternative water supply for cooking and drinking.